Veterans Disability Law
Veterans disability law covers a wide range of issues. We work to help you get the benefits to which you are entitled.
Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is correctly prepared and monitor the progress of your case.
USERRA obliges employers to offer reasonable accommodations for employees with disabilities acquired during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, terms and benefits of employment.
Appeals
Many veterans are denied benefits or have low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, assist you to identify what evidence should be submitted with your appeal, and create a compelling case for your case.
The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it’s important to provide reasons your reasons for disagreeing with the decision. You do not have to list every reason you disagree, but only those that are relevant.
The NoD is filed within one year from the date of the adverse decision you’re appealing. If you require longer time to prepare your NOD, an extension may be granted.
After the NOD has been filed, you will be notified of a date for Vimeo hearing. You must bring your attorney to the hearing. The judge will go over your evidence and make a final decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. This includes any service records, private medical records as well as any C&P examinations.
Disability Benefits
Veterans who suffer from a mental or physical illness that is limiting and was caused or worsened by their military service may be qualified for disability benefits. Veterans may receive a monthly monetary payment dependent on the severity of their disability rating.
Our New York disability lawyers work to ensure veterans receive all benefits they’re entitled to. We assist veterans to file a claim and obtain the necessary medical records, other documents as well as fill out the required forms, and keep track of the VA’s progress.
We also can assist with appeals of any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed if an appeals court is involved. an appeals court.
Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that help veterans prepare for civilian employment or to adapt to changing careers when their disabilities make it difficult for them to find meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Accommodations for Employers
The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their jobs. This includes changes to work duties or workplace changes.
Disabled harper woods veterans disability law firm seeking employment may wish to inquire with the Department of Labor’s Ticket to Work program. This is a nation-wide program for job placement and training that helps disabled veterans to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to work. The five options are reemployment at the same company, fast access to employment, self-employment and work through long-term services.
Employers may ask applicants for any special accommodations to participate in the hiring process, including longer time to complete tests or permission to provide oral rather than written answers. The ADA does not permit employers to ask about disability unless it’s evident.
Employers that are concerned about possible discriminatory practices against disabled veterans should think about conducting training sessions for all employees to increase awareness and better understand veteran concerns. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.
Reasonable Accommodations
Many veterans with service-related disabilities find it difficult to find work. To help these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for jobs.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. The ADA also limits the information employers can inquire about a person’s medical background and also prohibits harassment and retaliation because of disability. The ADA defines disability in terms of conditions that severely limit one or more major aspects of daily living, like hearing and seeing, walking, breathing. Standing, sitting and working, as well as learning and learning, etc. The ADA excludes certain conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).
If a disabled veteran needs an accommodation in order to complete work, an employer must accommodate it unless it would impose undue hardship on the contractor’s business. This can include altering the equipment, supplying training, and transferring responsibility to other positions or places in addition to acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. If an individual has limited physical strength, the employer must provide furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.